Estate Litigation
In a perfect world, the process of Probate or Estate Administration would always resolve without conflict. However, when legal disputes arise, it is important to have the representation of an experienced Probate and Estate Administration attorney.
Our law office can represent the interests of individuals, groups, and entities in litigation that involves estates, wills, Beneficiaries, Heirs, trusts, Trustees, guardianships, and conservatorships. These include Will contests, estate tax litigation, trust management disputes, trust litigation, and breach of fiduciary duty litigation. We have worked on Probate matters involving:
- Will Contests
- Caveat – Objection of Will
- Caveat – Objection to Executor or Executrix
- Caveat – Objection to Fiduciary
- Beneficiary claims
- Coercion
- Duress
- Undue influence
- Lack of capacity
- Incompetence
- Fraud
- Mismanagement claims
- Invalid Execution of Will
- Breach of Fiduciary Duty
- Citation to Fiduciary
- Citation to Surety
- Guardianship disputes
- Conservatorship disputes
- Trust disputes
- Trust misappropriation or mismanagement
We can answer any questions you may have about Probate, Estate Administration, or your rights as an heir or beneficiary under a Will or trust.
What is a Will Contest?
To successfully contest a Will and have it thrown out, the person challenging must demonstrate that the Will was signed in a way that violates the law. In Georgia, there are several ways to attack the validity of a Will:
- The Testator lacked required mental capacity. The challenging party has to prove that the testator was not mentally capable of understanding what he or she was doing when they signed the Will.
- The Will was not properly executed. The challenging party has to prove that when the Will was signed, the proper formalities were not followed. For example, the Will was not signed two witnesses.
- “Undue influence” was exerted on the Testator. The challenging party has to prove that when the Testator signed the Will, he or she was under pressure from a third party. For example, the testator was an elderly person pressured to sign a new Will they did not approve of by a caretaker.
- The Testator relied on fraudulent information. The challenging party has to show that they the Testator was lied to when signing the Will. For example, the testator did not understand what his or her estate actually contained and they believed the Will would accomplish an objective that was different than it actually did.
- The Testator’s signature was forged: The challenging party has to show that a third party intentionally imitated the signature of the Testator.
As the analysis of whether a Will can be revoked is extremely fact sensitive and time sensitive, the assistance of a Probate and Estate Administration attorney experienced with Georgia Will Contests and Probate litigation is important. If you suspect that any of these factors are at play in regard to the Will of a family member, I urge you to contact our office so we can explore the available options.
Can Litigation Be Avoided?
By working with an experienced Probate and Estate Administration attorney, many disputes can be settled before they make it the point of litigation, which can save time and money for all parties involved.
Additionally, there may be issues of support for the spouse and minor children that can be addressed through a Year’s Support action.
Contact Us
If you have any questions or would like to get started, call our office at (404) 939-7562 or contact us online for a free consultation.
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